California Three Strikes Law and Reforms under Proposition 36

 Three Strikes Reform Act of 2012
Haga clic aquí para Ley de los tres strike en California y reformas bajo la propuesta 36
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Vincent Oliver Law
Criminal Defense Lawyer
205 South Broadway, Suite 606
Los Angeles, CA 90012

Do I qualify for a sentence reduction under the Three Strikes Reform Act of 2012?

Briefly stated, Proposition 36 came into effect on November 7, 2012. Not to be confused with Prop 36 from the year 2000, this one is also known as the “Three Strikes Reform Act of 2012”.  It shortens the sentences of prisoners who are serving life terms for non-serious, non-violent crimes, by allowing them to petition for a resentencing as second-strikers. 

It can also reduce the length of some sentences served in the future if an offender has two prior serious or violent felony convictions but commits a non-serious, nonviolent felony as their third conviction.  In determining whether the offender may pose an unreasonable risk to public safety, the court may consider the following:
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  • Length of prior prison commitments
  • Behavior in prison
  • Offender’s criminal history
  • Extent of injury to victims
  • Participation in rehabilitation programs
  • Any other relevant evidence brought to the court’s attention

According to the California Department of Corrections & Rehabilitation, as of March 11, 2015, about 2,047 third –strike inmates have been released.
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The “Three Strikes Law” was implemented in California starting in 1994. Basically, it was analogous to the concept of “three strikes, you’re out”. If you had two or more previous convictions for “serious” or “violent” felonies, your third conviction could put you in jail for 25 years to life – even if the third felony was a comparably minor or non-violent offense. Since this reform in 2012, the punishment of 25 years to life has generally only been implemented when the defendant’s third conviction is for a serious or violent crime.
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Thankfully, Proposition 36 is a retroactive law. In other words, if you or your loved one was sentenced to 25 years to life in person under the original Three Strikes Law, but their third offense was not a serious or violent offence, they can apply for a resentencing which may reduce their incarceration period.  In some instances, appealing your original third strike sentencing could even result in immediate release. 

What would disqualify me from resentencing as a second-striker under Prop 36?

YOU DO NOT QUALIFY FOR RESENTENCING AS A SECOND-STRIKER, IF:
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An individual may not take advantage of Proposition 36 if one of their three offenses included a felony sex offense requiring registration pursuant to PC 290. Additionally, the petitioner must not have used/possessed a firearm/deadly weapon or intended to cause harm while committing their current offense.
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Furthermore, the offender must not have prior convictions for:
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  • Lewd and lascivious act with a minor
  • Homicide
  • Attempted Homicide
  • Oral copulation, sodomy or sexual penetration with someone less than 14 years old and more than 10 years younger than the offender
  • WIC 6600(b) – insane person committing a violent sex act
  • Solicitation to commit murder
  • Weapon of mass destruction
  • Assault with a machine gun on an officer
  • A serious or violent crime punishable by a life sentence or death

What kind of crimes constitute a “strike” under the Three Strikes Law?

​The following crimes would constitute a "strike" under the Three Strikes Law:
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  • A Serious felony, classified under Penal Code 1192.7
  • A Violent felony, classified under Penal Code 667.5
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These crimes typically include threats of violence or actual violence and are often inclusive of firearms or other deadly weapons. Felony offenses categorized under California’s Gang enhancement laws will also constitute a strike as will numerous California Sex Crimes. 

What if my third strike is a minor offense?

With the reform implemented by Prop 36 in 2012, you will not get the 25-years to life sentence as long as your third offense is a comparatively minor felony. Instead of the long incarceration, you will be treated like a “second striker” – meaning your will receive double the normal sentence for your new offense, instead of possible life in prison.

​For example, if the normal maximum sentence for your relatively minor third offense was 3 years, by appealing under this Proposition 36 Third Strike Reform, your sentence would be reduced from +25 years to 6 years. By hiring a lawyer who can successfully petition the court to reduce your sentence to this 6 year term, you would be eligible for immediate release, upon completion of the petition. Keep in mind, the process of having the petition filed/heard and sentences officially reduced, may take up to a year. 
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Do you think you qualify for a sentence reduction under the Three Strikes Reform Act of 2012?

Speak to our legal team today, for free, to find out your best strategy to reduce your sentence and qualify for an early release under Prop 36.
Vincent Oliver Law
Criminal Defense Lawyer
205 South Broadway, Suite 606
Los Angeles, CA 90012
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